tenant has committed waste or has been guilty of conduct which is a nuisance or an annoyance to adjoining or neighboring occupiers, or that the premises are reasonably required by the landlord for the occupation of himself or some other person in his employ, or in the employ of some tenant from him, or on some other ground which may be deemed satisfactory by the court making such order; and where such order has been made but not executed before the passing of this act the court by which the order was made may, if it is of opinion that the order would not have been made if this act had been in operation at the date of the making of the order, rescind or vary the order in such manner as the court may think fit for the purpose of giving effect to this act.

(4) It shall not be lawful for any mortgagee under a mortgage to which this act applies, during the continuance of this act, and so long as interest at the standard rate is paid and is not more than twenty-one days in arrear, and the covenants by the mortgagor (other than the covenant for the repayment of the principal money secured) are performed and observed, and so long as the mortgagor keeps the property in a proper state of repair and pays all interest and installments of principal recoverable under any prior encumbrance, to call in his mortgage or to take any steps for exercising any right of foreclosure or sale, or for otherwise enforcing his security or for recovering the principal money thereby secured: Provided, That this provision shall not apply to a mortgage where the principal money secured thereby is repayable by means of periodical instalments extending over a term of not less than ten years from the creation of the mortgage, nor shall this provision affect any power of sale exercisable by a mortgagee who was at the twenty-fifth day of November, nineteen hundred and fifteen, a mortgagee in possession, or in cases where the mortgagor consents to the exercise by the mortgagee of the powers conferred by the mortgage: Provided also, That if, in the case of a mortgage of a leasehold interest, the mortgagee satisfies the county court that his security is seriously diminishing in value or is otherwise in jeopardy, and that for that reason it is reasonable that the mortgage should be called in and enforced, the court may by order authorize him to call in and enforce the same, and thereupon this subsection shall not apply to such mortgage.

INTERPRETATION AND APPLICATION.

2. (1) For the purposes of this act except where the context otherwise requires

(a) The expression "standard rent" means the rent at which the dwelling house was let on the third day of August, nineteen hundred and fourteen, or, where the dwelling house was not let on that date, the rent at which it was last let before that date, or, in the case of a dwelling house which was first let after the said third day of August, the rent at which it was first let. (b) The expression "standard rate of interest" means in the case of a mortgage in force on the third day of August, nineteen hundred and fourteen, the rate of interest payable at that date, or, in the case of a mortgage created since that date, the original rate of interest.

(c) The expression "rateable value" means the rateable value on the third day of August, nineteen hundred and fourteen, or, in the case of a house or part of a house first assessed after that date, the rateable value at which it was first assessed.

(d) The expressions“ landlord,” “tenant,” “mortgagee,” and “mortgagor " include any person from time to time deriving title under the original landlord, tenant, mortgagee, or mortgagor. (38 and 39 Vict., c. 87.)

(e) The expression "mortgage" includes a land charge under the land transfer acts 1875 and 1897. (60 and 61 Vict., c. 65.)

(2) This act shall apply to a house or a part of a house let as a separate dwelling where such letting does not include any land other than the site of the dwelling house and a garden or other premises within the curtilage of the dwelling house, and where either the annual amount of the standard rent or the ratable value of the house or part of the house does not exceed―

(a) In the case of a house situate in the metropolitan police district, in·cluding therein the city of London, thirty-five pounds;

(b) In the case of a house situate in Scotland, thirty pounds; and (c) In the case of a house situate elsewhere, twenty-six pounds;

and every such house or part of a house shall be deemed to be a dwelling house to which this act applies: Provided, That this act shall not apply to a dwelling

house let at a rent which includes payments in respect of board, attendance, or use of furniture.

(3) Where, for the purpose of determination the standard rent or rateable value of a dwelling house to which this act applies, it is necessary to apportion the rent at the date in relation to which the standard rent is to be fixed or the rateable value of the property in which that dwelling house is comprised, a county court may, on application by either party, make such apportionment as seems just, and the decision of the court as to the amount to be apportioned to the dwelling house shall be final and conclusive.

(4) Subject to the provisions of this act, this act shall apply to every mortgage where the mortgaged property consists of or comprises one or more dwelling houses to which this act applies, or any interest therein except that it shall not apply

(a) To any mortgage comprising one or more dwelling houses to which this act applies and other land if the rateable value of such dwelling houses is less than one-tenth of the rateable value of the whole of the land comprised in the mortgage; or

(b) To an equitable charge by deposit of title deeds or otherwise.

(5) Where this act has become applicable to any dwelling hous or any mortgage thereon it shall continue to apply thereto whether or not the dwelling house continues to be a dwelling house to which this act applies.

(6) Where the standard rent payable in respect of any tenancy of a dwelling house is less than two-thirds of the rateable value thereof, this act shall not apply to that rent or tenancy nor to any mortgage by the landlord from whom the tenancy is held of his interest in the dwelling house.

RULES AS TO PROCEDURE.

3. The lord chancellor may make such rules and give such directions as he thinks fit for the purpose of giving effect to this act, and may by those rules or directions provide for any proceedings for the purposes of this act being conducted so far as desirable in private and for the remission of any fees.

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APPLICATION TO SCOTLAND AND IRELAND.

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4. This act shall apply to Scotland, subject to the following modifications: Mortgage and incumbrance" mean a heritable security; fine" means grassum or consideration other than rent; "mortgagor and mortgagee means, respectively, the debtor and the creditor in a heritable security; "covenant means obligation; "mortgage property means the heritable subject or subjects included in a heritable security; "rateable value" means yearly value according to the valuation roll: rateable value on the third day of August, nineteen hundred and fourteen" means yearly value according to the valuation roll for the year ending fifteenth day of May, nineteen hundred and fifteen ; assessed' means entered in the valuation roll; "committed waste" means willfully destroyed the property"; "land" means lands and heritages; enactments relating to compounding include the house letting and rating (Scotland) act, 1911; "rate" means assessment as defined in the last-mentioned act; "lord chancellor" means the court of cession; "rules" means act of sederunt; and "county court" means the sheriff. (1 and 2 Geo. 5, c. 53.)

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(2) This act shall apply to Ireland subject to the following modifications: (a) A reference to the lord chancellor of Ireland shall be substituted for the reference to the lord chancellor.

(b) The expression "mortgage" includes a charge by registered disposition under the local registration of title (Ireland) act, 1891. (54 and 55 Vict., c. 66.)

(c) The expression "ratable value means the annual ratable value under the Irish valuation acts: Provided, That where part of a house let as a separate dwelling is not separately valued under these acts the commissioner of valuation and boundary surveyor may, on the application of the landlord or tenant, make such apportionment of the ratable value of the whole house as seems just, and his decisions as to the amount to be apportioned to the part of the house shall be final and conclusive, and that amount shall be taken to be the ratable value of the part of the house for the purposes of this act, but not further or otherwise.

SHORT TITLE AND DURATION.

5. (1) This act may be cited as the increase of rent and mortgage interest (war restrictions) act, 1915.

(2) This act shall continue in force during the continuance of the present war and for a period of six months thereafter and no longer, but the expiration of this act shall not render recoverable any rent or interest which during the continuance thereof was irrecoverable or affect the right of a tenant to recover any sum which during the continuance thereof was under this act recoverable by him.

NOTE.-Rules for England under the above act were made by the lord chancellor under date of January 29, 1916. (Statutory rules and orders, 1916, No. 63/L. 2.)

COURTS (EMERGENCY POWERS) ACT, 1917, SECS. 4 (1), 5, AND 7.

[7 Geo., 5, c. 25.]

4. (4) Subsection (2) of section one of the increase of rent and mortgage interest (war restrictions) act, 1915, shall not apply to a lease of a dwelling house for a term of twenty-one years or upward.

5. (1) Where any sum has; whether before or after the passing of this act, been paid on account of any rent or mortgage interest, being a sum which by virtue of the increase of rent and mortgage interest (war restrictions) act, 1915, would have been irrevocable by the landlord or mortgagee, the sum so paid shall at any time within six months after the date of payment, or in the case of a payment made before the passing of this act within six months after the passing thereof, be recoverable from the landlord or mortgagee who received the payment or his legal personal representative by the tenant or mortgagor by whom it was paid, and may, without prejudice to any other method of recovery, be deducted by such tenant or mortgagor from any rent or interest payable within such six months by him to such landlord or mortgagee.

(2) If any person in any rent book or similar document makes an entry showing or purporting to show any tenant as being in arrear in respect of any sum which by virtue of the said act is irrecoverable, or if, where any such entry has before the passing of this act been made by or on behalf of any landlord, the landlord, on being requested by or on behalf of the tenant so to do, refuses or neglects to delete the entry, he shall, on summary conviction, be liable to a fine not exceeding ten pounds.

(3) This section shall be construed as one with the increase of rent and mortgage interest (war restrictions) act, 1915.

6. * * *

7. In subsection (6) of section two of the increase of rent and mortgage interest (war restrictions) act, 1915, which relates to tenancies at less than rack rent, the word "standard" shall be omitted, and at the end of the subsection there shall be inserted the following words, " and this act shall apply in respect of such dwelling house as if no such tenancy existed or had ever existed.”

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NEW SOUTH WALES.

FAIR-RENTS ACT, No. 66, 1915.

AN ACT To provide for the determination of fair rents for certain dwelling houses; to enforce such determination; to amend certain Acts; and for purposes consequent thereon or incidental thereto. (Assented to Dec. 29, 1915.)

Be it enacted, etc., as follows:

SHORT TITLE.

1. This act may be cited as the "fair-rents act, 1915," and shall commence on the first day of January, one thousand nine hundred and sixteen.

INTERPRETATION AND APPLICATION OF ACT.-DEFINITIONS.

2. In this act, unless the contrary intention appears

"Court" means any court constituted under this act.

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Dwelling house" means any premises leased wholly or partially for residence by a lessee, and includes any part of any such premises separately

leased, and any land or appurtenances leased with such premises or such part thereof.

"Rates " means any charges levied by a municipality or shire or by the metropolitan board of water supply and sewerage or the Hunter district water supply and sewerage board.

"Lease" includes, subject to the limitations of section three, every letting of a dwelling house whether oral, in writing, or by deed.

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Lessor and lessee' means the parties to a "lease" as herein defined and respectively include a mesne lessor and a mesne lessee.

(a) Any bonus paid or to be paid by the lessee to his lessor.

(b) The value to the lessor of any covenants or conditions in or relating to the lease to be performed by the lessee other than usual covenants and conditions.

(c) Any rates or taxes payable by the lessee in respect of the dwelling house, but excepting excess water rates, garbage, and sanitary charges if paid by the tenant.

"Tax" includes any tax whether on land or on income derived from land imposed by the laws of the State or Commonwealth.

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Where in any lease made after the first day of August, one thousand nine hundred and fourteen, it is provided that a reduced amount, as rent, shall be accepted by the lessor upon any condition to be performed by the lessee, such reduced amount shall be taken to be the rent under the lease; and if any rebate, discount, allowance, or other reduction from any rent is provided for in any such lease, the "rent shall be deemed to be the amount payable by the lessee after every such reduction is made.

APPLICATION OF ACT.

3. (1) This act shall apply to any dwelling house which is subject to a lease made before or after the commencement of this act, for any term not exceeding three years, at a rent not exceeding one hundred and fifty-six pounds a year. or a proportionate sum for a less period, or which at any time during a period of six months before the passing of this act has been let at a rent not exceeding the above-mentioned amount: Provided, that nothing herein contained shall apply to dwelling houses ordinarily leased for summer residence.

(2) This act shall apply within the localities appointed by the governor and proclaimed in the Gazette.

(3) This act shall bind the Crown.

FAIR RENTS COURT-CONSTITUTION OF COURT.

4. There shall be fair rents courts under this act, and each shall consist of a stipendiary or police magistrate who shall be appointed by the governor upon the recommendation of the public service board. Such courts shall sit at such times and places as the governor shall direct.

APPOINTMENT OF OFFICERS.

5. The governor, upon the recommendation of the public service board, shall appoint a registrar of each court and such other officers as may be necessary for carrying out the provisions of this act.

APPLICATION TO COURT-APPLICATION TO DETERMINE RENT.

6. (1) Any lessor or any lessee who has paid or tendered all rent due and payable under his lease, may apply to the court to have the fair rent of the dwelling house leased by or to him determined by the court.

(2) The application shall be made to the registrar and shall be in the form prescribed.

(3) The court shall hear the application and determine the fair rent. In all cases the rent so determined shall be the rent of the dwelling house as from a date not earlier than the date of such application.

(4) If the dwelling house be subject to any mortgage, the mortgagee shall be entitled to notice of the application and to be a party to the proceedings.

POWERS OF THE COURT EVIDENCE.

7. Upon such hearing the court may receive as evidence statutory declarations made as prescribed, and shall take the oral evidence of the parties and of witnesses called on their behalf. But the magistrate may, if he thinks fit. require the attendance of any declarant for purposes of cross-examination on the contents of his declaration, and failing such attendance the declaration shall not be receivable as evidence.

PRACTICE OF COURT.

8. The practice upon the hearing of any application under this act shall in respect of the examination and cross-examination of witnesses and the right of addressing the magistrate upon the case in reply or otherwise be as nearly as possible in accordance with that of the Supreme Court upon the trial of an issue of fact in an action at law.

DETERMINATION.

9. (1) In determining the fair rent the court shall first ascertain the capital value of the dwelling house. Such capital value shall be the unimproved value of the land, being the capital sum which the fee simple of the land might be expected to realize if offered for sale on such reasonable terms and conditions as a bona fide seller would require, assuming that the improvements if any thereon or appertaining thereto had not been made plus the estimated cost of erecting a similar dwelling house thereon at the time of the receipt of such application, less such fair and reasonable sum as may be estimated for any depreciation.

(2) The court shall determine the fair rent at a rate of not less than the rate of interest which is for the time being charged upon overdrafts by the Commonwealth Bank of Australia and not more than two and a half per centum above such last-mentioned rate, on the capital value of the dwelling house determined as aforesaid, plus the annual rates and taxes on the same, plus the amount estimated to be required annually for repairs (including painting), maintenance, and renewal, and plus insurance of any buildings, and plus an amount estimated to be the annual depreciation in value of the buildings, if such depreciation diminishes their letting value, and plus such amount, if any, as the court may deem proper to be allowed for the estimated time per year when the dwelling house may be untenanted: Provided, That excepting where circumstances which render an increase equitable are proved to the satisfaction of the court, the fair rent shall not exceed the rent at which the dwelling was let on the first day of January, one thousand nine hundred and fifteen.

LESSEE OF PART OF A DWELLING HOUSE.

10. Where a dwelling house is occupied by two or more separate lessees, the court shall determine the fair rent of the whole, and then determine the proportion of such fair rent which it shall deem to be the fair rent of the portion of the dwelling house of the lessee making the application.

PENDENCY OF APPLICATION.

11. If any applicant being a lessee duly pays the rent of the dwelling house leased by him, and otherwise performs the conditions of his lease, the lessor shall not demand any increased rent or give any notice or take any proceedings to terminate the tenancy during the pendency of the application nor for three months thereafter without reasonable cause.

FURNISHED DWELLING HOUSES.

12. In any case where the applicant is the lessee of a dwelling house and furniture, the court shall determine the fair rent of the dwelling house irrespective of the furniture, and shall also determine in its discretion the amount of rent to be paid for the furniture.